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Appellate

  • September 21, 2018

    5 Supreme Court Petitions Employers Should Watch

    After a 2017 that yielded the blockbuster Epic Systems and Janus decisions, the U.S. Supreme Court is poised to kick off a new term that could see the justices tackle a growing circuit split on whether federal anti-discrimination law protects gay and transgender workers. Here, Law360 looks at five cert petitions employers should have on their radar.

  • September 21, 2018

    June DHS Memo Can't Justify Ending DACA, 2nd Circ. Hears

    A coalition of states challenging the Trump administration’s decision to rescind the Deferred Action for Childhood Arrivals program urged the Second Circuit Thursday to uphold their equal protection and procedural claims, asserting that the government’s arguments to the contrary improperly rely on a recent U.S. Department of Homeland Security memo.

  • September 21, 2018

    Conn. Justices Revive Cancer Patient Death Suit

    The Connecticut Supreme Court has ordered a lower court to move forward with a wrongful death case centering on the failure of medical staff to report a lump visible on a scan, saying facts have yet to be addressed to determine whether a statute of repose applies.

  • September 21, 2018

    ​​​​​​​9th Circ. Heats Up TCPA Debate With Broad Autodialer Take

    The Ninth Circuit's decision Thursday to endorse an extremely broad definition of what constitutes an autodialer under the Telephone Consumer Protection Act opens the door not only for more litigation to thrive under the statute, but also for the U.S. Supreme Court or Federal Communications Commission to step in and deliver some long-sought clarity, attorneys say. 

  • September 21, 2018

    Harvard Asks 1st Circ. To Uphold Win In Tenure Bias Suit

    Harvard University asked the First Circuit on Friday to affirm that a former associate anthropology professor failed to prove the prestigious school denied her application for tenure because she is a woman and had voiced support for sexual assault victims.

  • September 21, 2018

    Ginsburg Warns Court Nominees Against Spelling Out Views

    U.S. Supreme Court Justice Ruth Bader Ginsburg on Friday appeared to defend the reticent answers of recent high court nominees to lawmaker questions on hot-button legal issues, telling a Columbia Law School audience that during her own confirmation hearings, it would have been "improper" for her to comment on topics that might come before the bench.

  • September 21, 2018

    Adoptive Parents, Native Am. Kids Tell 9th Circ. Suit Still Valid

    Four children and their adoptive parents urged the full Ninth Circuit to rethink tossing their proposed class action alleging that portions of the Indian Child Welfare Act are discriminatory and unconstitutional, saying the court departed from precedent by deeming the matter moot because the kids had been successfully adopted.

  • September 21, 2018

    GOP 'Cultural Blindness' Comes Under Fire In #MeToo Era

    Despite the long-lasting bitterness over Justice Clarence Thomas’ confirmation and the rise of the #MeToo movement, Republicans are putting politics above process by rushing their inquiry into sexual assault allegations against D.C. Circuit Judge Brett Kavanaugh, experts tell Law360.

  • September 21, 2018

    Ex-Chevron Oil Trader Gets Probation For Tax Fraud

    A former oil trader for Chevron facing 20 years in prison for his role in an alleged kickback scheme until making a deal with prosecutors was sentenced by a federal judge in Houston on Friday to three years of probation.

  • September 21, 2018

    Dump Truck Co. Can't Dodge NLRB Union Shutdown Ruling

    The Second Circuit on Friday granted the National Labor Relations Board’s petition to enforce a decision that a Brooklyn dump truck company illegally trimmed operations in retaliation for its drivers voting to unionize, later offering to restart if its employees rejected the union.

  • September 21, 2018

    High Court Case On ERISA Burden Ends In Settlement

    A U.S. Supreme Court case that could have resolved a circuit split over where the burden of proof falls in Employee Retirement Income Security Act fiduciary-breach cases ended Thursday, with the high court tossing a suit between Alerus Financial NA and an employee stock-ownership program after the parties settled.

  • September 21, 2018

    Building Supply Co. Escapes Asbestos Suit In Fla.

    A Florida appeals court has released a California construction supply company from a suit alleging its asbestos-containing products gave a Florida man mesothelioma, finding the man and his wife failed to demonstrate the company had sufficient ties to Florida to be sued in the state.

  • September 21, 2018

    7th Circ. Panel Mulls Power To Rule On Acid Waste Permits

    Seventh Circuit judges said during oral argument Friday that they would have to “utterly negate” state appellate decisions to provide relief to two Colorado energy companies that want clearance from Illinois to dispose of acid waste in underground injection wells.

  • September 21, 2018

    9th Circ. Takes Up Microsoft Women's Class Cert. Appeal

    The Ninth Circuit on Thursday granted female Microsoft workers’ request that it review the denial of class certification in their pay bias suit, setting the stage for the court to weigh what it takes to show a companywide policy of discrimination under the U.S. Supreme Court’s Dukes decision.

  • September 21, 2018

    Calif. Insurance Law Applies To Single Violations, Panel Says

    A California appeals court has reversed an injunction stopping the state insurance commissioner from enforcing three provisions of the state's Unfair Insurance Practices Act, ruling that the act applies not only to long term unfair practices but also to singular violations.

  • September 21, 2018

    Texas Court Affirms Defense Verdict In Botched Surgery Suit

    A Texas appellate panel on Thursday affirmed a jury’s decision to clear a doctor in a suit accusing him of botching a woman’s hysterectomy and causing serious injuries, rejecting the woman’s argument that the trial judge erred by refusing to strike two potential jurors.

  • September 21, 2018

    Consumer Seeks Full 3rd Circuit Redo Of Toxic Talc Ruling

    Alleging that the Third Circuit contradicted its own prior rulings and created a split with the Ninth Circuit by dismissing a Johnson & Johnson consumer’s proposed class action over talcum powder as “buyer’s remorse,” the customer’s attorneys on Friday asked for the full court to rehear the case.

  • September 21, 2018

    Co. Still Liable If Worker Lies That Taxes Paid: 8th Circ.

    A company misled by an errant employee into thinking he paid its taxes is still liable for interest and penalties when he didn’t, the Eighth Circuit said in an opinion Friday upholding a lower-court dismissal.

  • September 21, 2018

    7th Circ. Got Nuke Subsidy Ruling Wrong, Power Cos. Say

    Independent power producers on Friday said the Seventh Circuit issued a legally flawed decision backing Illinois' program propping up struggling nuclear power plants, but added that they haven't yet decided if they will seek rehearing or will appeal the ruling to the U.S. Supreme Court.

  • September 21, 2018

    Pa. Panel Junks 11th Hour Privilege Waiver In Estate Fight

    An en banc Pennsylvania Superior Court has ruled that a widow in an estate dispute engaged in an improper trial by ambush as she waived her attorney-client privilege, which she had previously asserted to shield communications between her husband and his attorney, as the case went before a jury.

Expert Analysis

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • 'One A Day' Will Not Keep Plaintiffs Away

    Robert Guite

    In a ruling earlier this month concerning Bayer's "One A Day" vitamin gummies, a California state appeals court clarified how the defendant cannot rely on the fine print to escape a mislabeling claim at the pleadings stage. In doing so, the court appears to have laid a road map for how to defeat class certification in such cases, say Robert Guite and Jay Ramsey of Sheppard Mullin Richter & Hampton LLP.

  • When Athlete’s Name Is 'Advertising Idea' Without Trademark

    Gregory May

    The Massachusetts high court recently found that a shoe manufacturer’s use of a runner’s name potentially triggered advertising injury insurance coverage, even though the name had not acquired secondary meaning or trademark status. The Holyoke v. Vibram decision is notable because of the court's focus on the intent of the athlete's family business, says Gregory May of Nelson Mullins Riley & Scarborough LLP.

  • Opinion

    Protecting Florida Medical Plaintiffs’ Access To Courts

    Joe Taraska

    The Florida Supreme Court's recent decision in Morris v. Muniz is intended to help protect the right of victims of medical malpractice to pursue justice. The decision will help to bring the pre-suit investigatory process back to its statutory intent — to weed out frivolous cases, without denying access to the courts for well-founded ones, says Joe Taraska of Morgan & Morgan.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • 2 Important Takeaways From 7th Circ.'s FHA Ruling

    Jeffrey Rosenberg

    In Wetzel v. Glen St. Andrew, the Seventh Circuit recently held that landlords can be held liable under the Fair Housing Act if they are aware of discriminatory harassment toward their tenants and do nothing to stop it. Just as importantly, the court recognized that the FHA prohibits discrimination based on sexual orientation, say attorneys at the Law Office of Yuriy Moshes PC.

  • Clearing Up Some Pipeline Permit Questions At 3rd Circ.

    Deidre Duncan

    Two recent decisions from the Third Circuit — Delaware Riverkeeper and Township of Bordentown — indicate that resolving questions related to state appeals of pipeline project permits will ultimately turn on the particulars of the state administrative process, say Deidre Duncan and Clare Ellis of Hunton Andrews Kurth LLP.

  • Biotech Cos. Must Respect Coexisting Gene Editing Patents

    Tyler Cho

    The Federal Circuit's decision in the gene editing technology battle between the University of California and the Broad Institute provides that the two parties' patents can coexist. Biotech companies using this technology should seek licenses from both UC and the Broad Institute, say attorneys at Faegre Baker Daniels LLP.

  • Florida Courts Are Prepared For A New Wave Of Foreclosures

    Victor Petrescu

    For Florida practitioners who experienced the foreclosure crisis that swept through the state beginning in 2008, the recent uptick in foreclosure filings may feel ominous. However, Florida's foreclosure jurisprudence has evolved at an incredible pace, capable of expediting the process tremendously if another crisis arises, says Victor Petrescu of Levine Kellogg Lehman Schneider & Grossman LLP.